[Federal Register Volume 72, Number 67 (Monday, April 9, 2007)]
[Notices]
[Pages 17533-17540]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-6628]


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DEPARTMENT OF ENERGY

Office of Energy Efficiency and Renewable Energy


Energy Conservation Program for Consumer Products: Publication of 
the Petition for Waiver and Granting of the Application for Interim 
Waiver of Mitsubishi Electric From the DOE Commercial Water Source Heat 
Pump Test Procedure [Case No. CAC-015]

AGENCY: Office of Energy Efficiency and Renewable Energy, Department of 
Energy.

ACTION: Notice of petition for waiver, granting of application for 
interim waiver, and request for comments.

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SUMMARY: Today's notice publishes a Petition for Waiver from Mitsubishi 
Electric and Electronics USA, Inc. (MEUS). This Petition for Waiver 
(hereafter ``MEUS Petition'') requests a waiver of the Department of 
Energy (``DOE'') test procedures applicable to commercial package water 
source heat pumps. DOE is soliciting comments, data, and information 
with respect to the MEUS Petition. Today's notice also grants an 
Interim Waiver to MEUS, with an alternate test procedure, from the 
existing DOE test procedure applicable to commercial package water 
source heat pumps.

DATES: DOE will accept comments, data, and information regarding this 
Petition for Waiver until, but no later than May 9, 2007.

ADDRESSES: Please submit comments, identified by case number [CAC-015], 
by any of the following methods:
    <bullet> Mail: Ms. Brenda Edwards-Jones, U.S. Department of Energy, 
Building Technologies Program, Mailstop EE-2J, Forrestal Building, 1000 
Independence Avenue, SW., Washington, DC 20585-0121. Telephone: (202) 
586-2945. Please submit one signed original paper copy.
    <bullet> Hand Delivery/Courier: Ms. Brenda Edwards-Jones, U.S. 
Department of Energy, Building Technologies Program, Room 1J-018, 
Forrestal Building, 1000 Independence Avenue, SW., Washington, DC 
20585-0121.
    <bullet> E-mail: <a href="/cdn-cgi/l/email-protection#4805212b20292d24663a29312527262c082d2d662c272d662f273e"><span class="__cf_email__" data-cfemail="e4a98d878c858188ca96859d898b8a80a48181ca808b81ca838b92">[email protected]</span></a>. Include either the 
case number [CAC-015], and/or ``MEUS Petition'' in the subject line of 
the message.
    <bullet> Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
    Instructions: All submissions received must include the agency name 
and case number for this proceeding. Submit electronic comments in 
WordPerfect, Microsoft Word, PDF, or text (ASCII) file format and avoid 
the use of special characters or any form of encryption. Wherever 
possible, include the electronic signature of the author. Absent an 
electronic signature, comments submitted electronically must be 
followed and authenticated by submitting the signed original paper 
document. DOE does not accept telefacsimiles (faxes). Any person 
submitting written comments must also send a copy of such comments to 
the petitioner. 10 CFR 431.401(d)(2). The name and address of the 
petitioner of today's notice is: William Rau, Senior Vice President and 
General Manager, HVAC Advanced Products Division, Mitsubishi Electric & 
Electronics USA, Inc., 4300 Lawrenceville-Suwanee Road, Suwanee, GA 
30024.
    According to 10 CFR 1004.11, any person submitting information that 
he or she believes to be confidential and exempt by law from public 
disclosure should submit two copies: one copy of the document including 
all the information believed to be confidential, and one copy of the 
document with the information believed to be confidential deleted. DOE 
will make its own determination about the confidential status of the 
information and treat it according to its determination.
    Docket: For access to the docket to read the background documents 
relevant to this matter, go to the U.S. Department of Energy, Forrestal 
Building, Room 1J-018 (Resource Room of the Building Technologies 
Program), 1000 Independence Avenue, SW., Washington, DC, (202) 586-
2945, between 9 a.m. and 4 p.m., Monday through Friday, except Federal 
holidays. Available documents include the following items: this notice; 
public comments received; the Petition for Waiver and Application for 
Interim Waiver; prior Department rulemakings regarding commercial 
central air conditioners and heat pumps; the prior MEUS Petition for 
Waiver, DOE's notice of the prior MEUS Petition for Waiver and the DOE 
Decision and Order (D&O) regarding the prior MEUS Petition, which is 
being published today. Please call Ms. Brenda Edwards-Jones at the 
above telephone number for additional information regarding visiting 
the Resource Room. Please note: DOE's Freedom of Information Reading 
Room (formerly Room 1E-190 at the Forrestal Building) is no longer 
housing rulemaking materials.

FOR FURTHER INFORMATION CONTACT: Dr. Michael G. Raymond, U.S. 
Department of Energy, Office of Energy Efficiency and Renewable Energy, 
Building Technologies Program, Mail Stop EE-2J, Forrestal Building, 
1000 Independence Avenue, SW., Washington, DC 20585-0121, (202) 586-
9611; e-mail: Michael.Raymond.ee.doe.gov; or Francine Pinto, Esq., U.S. 
Department of Energy, Office of General Counsel, Mail Stop GC-72, 
Forrestal Building, 1000 Independence Avenue, SW., Washington, DC 
20585-0103, (202) 586-9507; e-mail: <a href="/cdn-cgi/l/email-protection#783e0a19161b11161d562811160c17381009561c171d561f170e"><span class="__cf_email__" data-cfemail="e4a296858a878d8a81cab48d8a908ba48c95ca808b81ca838b92">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:
I. Background and Authority
II. Petition for Waiver
III. Application for Interim Waiver
IV. Alternate Test Procedure
V. Summary and Request for Comments

I. Background and Authority

    Title III of the Energy Policy and Conservation Act (EPCA) sets 
forth a

[[Page 17534]]

variety of provisions concerning energy efficiency. Part B of Title III 
(42 U.S.C. 6291-6309) provides for the ''Energy Conservation Program 
for Consumer Products other than Automobiles.'' Part C of Title III (42 
U.S.C. 6311-6317) provides for an energy efficiency program entitled 
''Certain Industrial Equipment,'' which is similar to the program in 
Part B, and which includes commercial air conditioning equipment, 
packaged boilers, water heaters, and other types of commercial 
equipment.
    Today's notice involves commercial equipment under Part C. Part C 
provides for definitions, test procedures, labeling provisions, energy 
conservation standards, and the authority to require information and 
reports from manufacturers. With respect to test procedures, it 
generally authorizes the Secretary of Energy to prescribe test 
procedures that are reasonably designed to produce results which 
reflect energy efficiency, energy use and estimated operating costs, 
and that are not unduly burdensome to conduct. (42 U.S.C. 6314(a)(2))
    MEUS's petition requests a waiver from the commercial test 
procedures for water source models of its CITY MULTI Variable 
Refrigerant Flow Zoning (VRFZ) heat pump product line, which are sold 
for commercial use.
    For commercial package air conditioning and heating equipment, EPCA 
provides that the test procedures shall be those generally accepted 
industry testing procedures or rating procedures developed or 
recognized by the Air-Conditioning and Refrigeration Institute (ARI) or 
by the American Society of Heating, Refrigerating and Air Conditioning 
Engineers (ASHRAE), as referenced in ASHRAE/IES Standard 90.1 and in 
effect on June 30, 1992. (42 U.S.C. 6314(a)(4)(A)) This section also 
provides for the Secretary of Energy to amend the test procedure for a 
product if the industry test procedure is amended, unless the Secretary 
determines that such a modified test procedure does not meet the 
statutory criteria. (42 U.S.C. 6314(a)(4)(B))
    On October 21, 2004, DOE published a direct final rule adopting 
test procedures for commercial package air conditioning and heating 
equipment, effective December 20, 2004. 69 FR 61962, October 21, 2004. 
DOE adopted ISO Standard 13256-1, ``Water-source heat pumps--Testing 
and rating for performance--Part 1: Water-to-air and brine-to-air heat 
pumps'' for small commercial package water source heat pumps with 
capacities < 135,000 Btu/hr. 69 FR 61971. The capacities of MEUS's 
water source CITY MULTI VRFZ products sold for commercial use fall in 
the range from 65,000 to 135,000 Btu/hr, which is the range covered by 
the DOE test procedure, and ISO Standard 13256-1.
    DOE's regulations contain provisions allowing a person to seek a 
waiver from the test procedure requirements for covered commercial 
equipment. The waiver provisions for commercial equipment are found at 
10 CFR 431.401, and are substantively identical to those for covered 
consumer products.
    The waiver provisions allow the Assistant Secretary for Energy 
Efficiency and Renewable Energy (hereafter ``Assistant Secretary'') to 
temporarily waive test procedures for a particular basic model when a 
petitioner shows that the basic model contains one or more design 
characteristics that prevent testing according to the prescribed test 
procedures, or when the prescribed test procedures may evaluate the 
basic model in a manner so unrepresentative of its true energy 
consumption as to provide materially inaccurate comparative data. 10 
CFR 431.401(a)(1). The Assistant Secretary may grant the waiver subject 
to conditions, including adherence to alternate test procedures. 10 CFR 
431.401(e)(4) and (f)(4). Petitioners are to include in their petition 
any alternate test procedures known to evaluate the basic model in a 
manner representative of its energy consumption. 10 CFR 
431.401(b)(1)(iii). Waivers generally remain in effect until final test 
procedure amendments become effective, thereby resolving the problem 
that is the subject of the waiver.
    The waiver process also allows the Assistant Secretary to grant an 
Interim Waiver from test procedure requirements to manufacturers that 
have petitioned DOE for a waiver of such prescribed test procedures. 10 
CFR 431.401(a)(2). An Interim Waiver remains in effect for a period of 
180 days or until DOE issues its determination on the Petition for 
Waiver, whichever is sooner, and may be extended for an additional 180 
days, if necessary. 10 CFR 431.401(e)(4).

II. Petition for Waiver

    On October 30, 2006, MEUS filed an Application for Interim Waiver 
and a Petition for Waiver from the test procedures applicable to 
commercial package water source heat pumps. In particular, MEUS 
requested a waiver from ISO Standard 13256-1, the commercial test 
procedure incorporated by reference that is the DOE test procedure. DOE 
has previously granted a waiver and an interim waiver from the 
applicable air conditioner and heat pump test procedures for other 
models of MEUS's CITY MULTI products. On August 27, 2004, DOE granted a 
waiver from the commercial air conditioner and heat pump test 
procedures for MEUS's R22 CITY MULTI products, i.e., air-source CITY 
MULTI products using R22 as the refrigerant.\1\ In March 2006, DOE 
granted MEUS's application for interim waiver and published MEUS's 
petition for waiver for its R410A CITY MULTI models, i.e., air-source 
CITY MULTI products using R410A as the refrigerant.\2\
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    \1\ Energy Conservation Program for Consumer Products: Decision 
and Order Granting a Waiver From the DOE Commercial Package Air 
Conditioner and Heat Pump Test Procedure to Mitsubishi Electric 
(Case No. CAC-008), 69 FR 52660 (Aug. 27, 2004).
    \2\ Energy Conservation Program for Consumer Products: 
Publication of the Petition for Waiver and Granting of the 
Application for Interim Waiver of Mitsubishi Electric From the DOE 
Residential and Commercial Package Air Conditioner and Heat Pump 
Test Procedures (Case No. CAC-012), 71 FR 14858 (Mar. 24, 2006). On 
August 8, 2006, DOE published a notice correcting five of the model 
numbers in the interim waiver granted to MEUS and listed in MEUS's 
petition for waiver. Energy Conservation Program for Consumer 
Products: Notice of Correction of Petition for Waiver and Interim 
Waiver of Mitsubishi Electric From the DOE Residential and 
Commercial Package Air Conditioner and Heat Pump Test Procedures, 
and Modification of Interim Waiver, 71 FR 45047 (Aug. 8, 2006).
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    The products covered by this petition represent the models of the 
CITY MULTI product line that use water, as opposed to air, as a heat 
source and heat sink.\3\ MEUS claims that its water source models 
cannot be tested pursuant to the existing test procedure for the same 
reasons that its R22 models were previously granted a waiver by DOE. 
The only difference between the WR2 and WY products and the air source 
R22 and R410A products is the method of heat rejection. The WR2 and WY 
products have a heat source unit that uses water, instead of air, to 
reject heat. The indoor models, CITY MULTI Control Network, and system 
technology of the R22 and R410A products and the WR2 and WY models are 
identical. As a result, these products will face the same testing 
problems as MEUS's R22 and R410A CITY MULTI products.
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    \3\ Like the current line of air source CITY MULTI products, the 
water-source WR2 and WY model lines use R410A as the refrigerant.
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    MEUS's line of CITY MULTI VRFZ system products are complete, 
commercial zoning systems that use variable refrigerant control and 
distribution, zoning diversity, and system intelligence. The WR2 and WY 
systems have the capability of connecting a single heat source unit to 
up to 19 indoor units. This capability

[[Page 17535]]

gives these systems millions of potential system combinations.\4\
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    \4\ MEUS offers 58 indoor models in its WR2/WY CITY MULTI 
product line. The number of potential combinations of the 58 models 
in sets of up to 19 is an astronomical figure.
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    The operating characteristics of a VRFZ system allow each indoor 
unit to have a different mode of operation (i.e., on/off/heat/cool/dry/
auto/fan) and a different set temperature. In the WR2 and WY models, 
the variable speed compressor and the system controls direct 
refrigerant flow throughout the system to match the performance of the 
system to the load of the conditioned areas. The compressor is capable 
of reducing its operating capacity to as little as 16 percent of its 
rated capacity. Zone diversity enables these VRFZ systems to have a 
total connected indoor unit capacity of up to 150 percent of the 
capacity of the heat source unit.
    The CITY MULTI VRFZ systems have variable frequency inverter driven 
scroll compressors, and, therefore, have nearly infinite steps of 
capacity. While other system compressors run at full load as their 
normal state, the CITY MULTI VRFZ systems run at part-
load<INF>[MR7]</INF> as their normal state. The WR2 Series CITY MULTI 
products also offer consumers the option of simultaneous heating and 
cooling. These simultaneous heating and cooling systems achieve energy 
benefits by transferring heat recovered from one zone into another zone 
needing heat.
    The MEUS petition requests that DOE grant a waiver from existing 
test procedures until such time as a representative test procedure is 
developed and adopted for this class of products. MEUS requested that 
DOE apply an alternate test procedure based on the DOE alternate test 
procedure specified in the Decision & Order concerning MEUS' R410A CITY 
MULTI VRFZ products.

III. Application for Interim Waiver

    MEUS also requested an Interim Waiver to allow it to introduce its 
new water source products in the U.S. market while DOE evaluates the 
Petition for Waiver. An Interim Waiver may be granted if it is 
determined that the applicant will experience economic hardship if the 
Application for Interim Waiver is denied, if it appears likely that the 
Petition for Waiver will be granted, and/or the Assistant Secretary 
determines that it would be desirable for public policy reasons to 
grant immediate relief pending a determination on the Petition for 
Waiver. 10 CFR 431.401(e)(3).
    MEUS's Application for Interim Waiver does not provide sufficient 
information to evaluate what, if any, economic hardship MEUS will 
likely experience if its Application for Interim Waiver is denied. 
However, in those instances where the likely success of the Petition 
for Waiver has been demonstrated, based upon DOE having granted a 
waiver for a similar product design, it is in the public interest to 
have similar products tested and rated for energy consumption on a 
comparable basis. MEUS's water source CITY MULTI VRFZ products are 
similar to the MEUS products previously granted a waiver, MEUS's R22 
CITY MULTI VRFZ products (the indoor units are the same in both lines). 
69 FR 52660. The previous MEUS waiver was granted because MEUS's R22 
products cannot be tested according to the prescribed test procedures, 
for two reasons: (1) Test laboratories cannot test products with so 
many indoor units (the WR2 and WY CITY MULTI VRFZ systems can connect 
an outdoor unit with up to 19 indoor units); and (2) there are too many 
possible combinations of indoor and outdoor units (MEUS offers 58 
indoor unit models, allowing for well over 1,000,000 combinations for 
each outdoor unit), and it is impractical to test so many combinations. 
The same argument, with the same two reasons, applies equally to show 
that MEUS' water source CITY MULTI VRFZ products cannot be tested 
according to the prescribed test procedures. These identical testing 
problems make it likely that MEUS' Petition for Waiver will be granted. 
Therefore, MEUS's Application for an Interim Waiver from DOE test 
procedure for its new WR2 and WY water source CITY MULTI VRFZ systems 
is granted. The letter to MEUS granting the Interim Waiver specifies 
that MEUS must use the alternate test procedure proposed in today's 
Notice. Hence, it is ordered that:
    The Application for Interim Waiver filed by MEUS is hereby granted 
for MEUS's new WR2 and WY water source CITY MULTI VRFZ central air 
conditioning heat pumps. For the below listed models:
    (1) MEUS shall not be required to test or rate its water source 
CITY MULTI VRFZ products on the basis of the currently applicable test 
procedure, which incorporates by reference ISO 13256-1 (1998).
    (2) MEUS shall be required to test and rate its water source CITY 
MULTI VFRZ products according to the alternate test procedure as set 
forth in section IV (3), ``Alternate test procedure.''
    CITY MULTI Variable Refrigerant Flow Zoning System WR2-Series Heat 
Source Units:

<bullet> PQRY-P72TGMU-*, 72,000 Btu/h 208/230-3-60 split-system 
variable-speed heat pump
<bullet> PQRY-P96TGMU-*, 96,000 Btu/h 208/230-3-60 split-system 
variable-speed heat pump

    CITY MULTI Variable Refrigerant Flow Zoning System WY-Series Heat 
Source Units:

<bullet> PQHY-P72TGMU-*, 72,000 Btu/h 208/230-3-60 split-system 
variable-speed heat pump
<bullet> PQHY-P96TGMU-*, 96,000 Btu/h 208/230-3-60 split-system 
variable-speed heat pump

    CITY MULTI Variable Refrigerant Flow Zoning System Indoor 
Equipment:

<bullet> P*FY models, ranging from 6,000 to 96,000 Btu/h, 208/230-1-60 
split-system variable-capacity heat pump.
    <bullet> PCFY Series--Ceiling Suspended--PCFY-P12/18/24/30/36***-*
    <bullet> PDFY Series--Ceiling Concealed Ducted--PDFY-P06/08/12/15/
18/24/30/36/48***-*
    <bullet> PEFY Series--Ceiling Concealed Ducted (Low Profile)--PEFY-
P06/08/12***-*
    <bullet> PEFY Series--Ceiling Concealed Ducted (Alternate High 
Static Option)--PEFY-P15/18/24/27/30/36/48/54/72/96***-*
    <bullet> PEFY-F Series--Ceiling Concealed Ducted (100% Outside Air 
Ventilation Option)--PEFY-P 30/54/72/96***-*-*
    <bullet> PFFY Series--Floor Standing (Concealed)--PFFY-P06/08/12/
15/18/24***-*
    <bullet> PFFY Series--Floor Standing (Exposed)--PFFY-P06/08/12/15/
18/24***-*
    <bullet> PKFY Series--Wall-Mounted--PKFY-P06/08/12/18/24/30***-*
    <bullet> PLFY Series--4-Way Airflow Ceiling Cassette--PLFY-P12/18/
24/30/36***-*
    <bullet> PMFY Series--1-Way Airflow Ceiling Cassette--PMFY-P06/08/
12/15***-*

    This Interim Waiver is conditioned upon the presumed validity of 
statements, representations, and documentary materials provided by the 
petitioner. This Interim Waiver may be revoked or modified at any time 
upon a determination that the factual basis underlying the petition is 
incorrect, or DOE determines that the results from the alternate test 
procedure are unrepresentative of the basic models' true energy 
consumption characteristics. This Interim Waiver shall remain in effect 
for a period of 180 days or until DOE acts on the Petition for Waiver, 
whichever is sooner, and may be extended for an additional 180-day

[[Page 17536]]

period, if necessary. 10 CFR 431.401(e)(4).

IV. Alternate Test Procedure

    Consistent representations are important for manufacturers to make 
claims about the energy efficiency of their products. In response to 
MEUS's petition for waiver for the R410A products, today, DOE is also 
publishing an alternate test procedure to provide a basis upon which 
MEUS can test its equipment and make valid energy efficiency 
representations. DOE<INF>[MR9]</INF> will consider applying a similar 
alternate test procedure for MEUS's WR2 and WY products in order to 
allow MEUS to test and make energy efficiency representations regarding 
these comparable products.
    As noted above, existing testing facilities have a limited ability 
to test multiple indoor units at one time, and the number of possible 
combination of indoor and outdoor units for some variable refrigerant 
zoning systems is impractical to test. Subsequent to the waiver that 
DOE granted for MEUS's R22 models, ARI developed a committee to discuss 
the issue and work on developing an appropriate test protocol for 
variable refrigerant zoning systems. However, to date, no additional 
test methodologies have been adopted by the committee or put forth to 
DOE.
    DOE believes that an alternate test procedure is needed so that 
manufacturers can make representations for their products. DOE 
specified an alternate test procedure in the MEUS waiver for R410A CITY 
MULTI products, and is proposing to include the following similar 
waiver language in the final Decision and Order for the water source 
models:
    ``(1) The Petition for Waiver'' filed by Mitsubishi Electric and 
Electronics USA, Inc. (MEUS) is hereby granted as set forth in the 
paragraphs below.
    (2) MEUS shall not be required to test or rate the water source WR2 
and WY CITY MULTI Variable Refrigerant Flow Zoning System (VFRZ) 
products covered in this waiver on the basis of the currently 
applicable test procedure, but shall be required to test and rate its 
water source CITY MULTI VFRZ products covered in this waiver according 
to the alternate test procedure as set forth in paragraph (3).
    (3) Alternate test procedure.
    (A) MEUS shall be required to test its water source WR2 and WY CITY 
MULTI Variable Refrigerant Flow Zoning System (VFRZ) products according 
to those test procedures for central air conditioners and heat pumps 
prescribed by DOE at 10 CFR Part 431, except that:
    (i) MEUS shall test a ``tested combination'' selected in accordance 
with the provisions of subparagraph (B) of this paragraph. For every 
other system combination using the same outdoor unit 
as<INF>[MR11]</INF> the tested combination, MEUS shall make 
representations concerning the WR2 and WY CITY MULTI products covered 
in this waiver according to the provisions of subparagraph (C) below.
    (B) Tested combination. The term ``tested combination'' means a 
sample basic model comprised of units that are production units, or are 
representative of production units, of the basic model being tested. 
For the purposes of this waiver, the tested combination shall have the 
following features:
    (i) The basic model of a variable refrigerant flow system used as a 
tested combination shall consist of an outdoor unit that is matched 
with between 2 and 5 indoor units.
    (ii) The indoor units shall--
    (a) Represent the highest sales volume type models;
    (b) Together, have a capacity between 95% and 105% of the capacity 
of the outdoor unit;
    (c) Not, individually, have a capacity greater than 50% of the 
capacity of the outdoor unit;
    (d) Have a fan speed that is consistent with the manufacturer's 
specifications; and
    (e) All have the same external static pressure.
    (C) Representations. MEUS may make representations about the energy 
efficiency of CITY MULTI VRFZ products<INF>[MR15]</INF>, for 
compliance, marketing, or other purposes, only to the extent that such 
representations are made consistent with the provisions outlined below:
    (i) For CITY MULTI VRFZ combinations tested in accordance with the 
alternate test procedure, MEUS may make representations based on these 
test results.
    (ii) For CITY MULTI VRFZ combinations that are not tested, MEUS may 
make representations which are based on the testing results for the 
tested combination and which are consistent with either of the two 
following methods, except that only method (a) may be used, if 
available:
    (a) Representation of non-tested combinations according to an 
Alternative Rating Method (``ARM'') approved by DOE.
    (b) Representation of non-tested combinations at the same energy 
efficiency level as the tested combination with the same outdoor unit.

V. Summary and Request for Comments

    Today's notice announces a MEUS Petition for Waiver and grants MEUS 
an Interim Waiver from the test procedures applicable to MEUS's WR2 and 
WY water source CITY MULTI heat pump units. DOE is publishing the MEUS 
Petition for Waiver in its entirety. The petition contains no 
confidential information. Furthermore, today's notice includes an 
alternate test procedure that DOE is considering including in the final 
Decision and Order. In this alternate test procedure, DOE proposes 
defining a ``tested combination'' which MEUS could test in lieu of 
testing all retail combinations of its water source VRFZ CITY MULTI 
products. Furthermore, should a manufacturer not be able to test all 
retail combinations, DOE proposes allowing manufacturers to rate waived 
products according to an alternate rating method approved by DOE, or to 
rate waived products the same as that for the specified tested 
combination.
    DOE will also consider applying a similar alternate test procedure 
to other comparable petitions for waiver for residential and commercial 
central air conditioners and heat pumps. Such cases include Samsung's 
petition for its DVM products (70 FR 9629, February 28, 2005), and 
Fujitsu's petition for its Airstage variable refrigerant flow (VRF) 
products (70 FR 5980, February 4, 2005).
    DOE is interested in receiving comments on all aspects of this 
notice. Any person submitting written comments must also send a copy of 
such comments to the petitioner, whose contact information is cited 
above. 10 CFR 431.401(d)(2).

    Issued in Washington, DC, on April 2, 2007.
Alexander A. Karsner,
Assistant Secretary, Energy Efficiency and Renewable Energy.

October 30, 2006.

The Honorable Alexander Karsner,
Assistant Secretary for Energy Efficiency and Renewable Energy, U.S. 
Department of Energy, 1000 Independence Ave, SW., Washington, DC 
20585-0121.

Re: Petition for Waiver of Test Procedures and Application for 
Interim Waiver for CITY MULTI VRFZ Water-Source Heat Pumps

    Dear Assistant Secretary Karsner: Mitsubishi Electric & 
Electronics USA, Inc. (MEUS) respectfully submits this petition for 
waiver, and application for interim waiver, of the test procedures 
applicable to the WR2 and WY Series models of MEUS's CITY MULTI 
Variable Refrigerant Flow Zoning (VRFZ) product line pursuant to the 
provisions of 10 CFR 431.401 (2006). The

[[Page 17537]]

WR2 and WY models are water-source products.
    The Department of Energy (DOE or Department) has previously 
granted a waiver and an interim waiver from the applicable air 
conditioner and heat pump test procedures for other models of MEUS's 
CITY MULTI products. On August 27, 2004, DOE granted a waiver from 
the commercial air conditioner and heat pump test procedures for 
MEUS's R22 CITY MULTI products, i.e., air-source CITY MULTI products 
using R22 as the refrigerant.\5\ In March 2006, the Department 
granted MEUS's application for interim waiver and published MEUS's 
petition for waiver for its R410A CITY MULTI models, i.e., air-
source CITY MULTI products using R410A as the refrigerant.\6\
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    \5\ Energy Conservation Program for Consumer Products: Decision 
and Order Granting a Waiver From the DOE Commercial Package Air 
Conditioner and Heat Pump Test Procedure to Mitsubishi Electric 
(Case No. CAC-008), 69 FR 52660 (Aug. 27, 2004) (copy attached) 
(hereinafter, 2004 CITY MULTI Waiver).
    \6\ Energy Conservation Program for Consumer Products: 
Publication of the Petition for Waiver and Granting of the 
Application for Interim Waiver of Mitsubishi Electric From the DOE 
Residential and Commercial Package Air Conditioner and Heat Pump 
Test Procedures (Case No. CAC-012), 71 FR 14858 (Mar. 24, 2006) 
(hereinafter, R410A Interim Waiver). On August 8, 2006, DOE 
published a notice correcting five of the model numbers in the 
interim waiver granted to MEUS and listed in MEUS's petition for 
waiver. Energy Conservation Program for Consumer Products: Notice of 
Correction of Petition for Waiver and Interim Waiver of Mitsubishi 
Electric From the DOE Residential and Commercial Package Air 
Conditioner and Heat Pump Test Procedures, and Modification of 
Interim Waiver, 71 FR 45047 (Aug. 8, 2006). As of the date of this 
letter, MEUS's petition for waiver for its R410A CITY MULTI models 
is still pending before DOE.
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    The products covered by this petition represent the models of 
the CITY MULTI product line that use water, as opposed to air, as a 
heat source and heat sink.\7\ Like the CITY MULTI products covered 
by the earlier waiver, the products covered by this petition cannot 
be tested according to the prescribed test procedures, and, 
therefore, should be granted a waiver from the applicable test 
procedures. MEUS simultaneously requests an interim waiver covering 
these WR2 and WY CITY MULTI products.
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    \7\ Like the current line of air source CITY MULTI products, the 
water-source WR2 and WY model lines also use R410A as the 
refrigerant.
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I. Background

    In the 2004 CITY MULTI Waiver, DOE found that the waiver should 
be granted because the CITY MULTI products have ``one or more design 
characteristics which * * * prevent testing of the basic model 
according to the prescribed test procedures.'' \8\ MEUS's R22 
products cannot be tested according to the prescribed test 
procedures for two reasons: (1) the test laboratories cannot test 
products with so many indoor units; and (2) there are too many 
possible combinations of indoor and outdoor units (well over 
1,000,000 combinations for each outdoor unit), and it is impractical 
to test so many combinations.\9\ Pursuant to the 2004 CITY MULTI 
Waiver, MEUS is not required to test or rate its CITY MULTI Variable 
Refrigerant Flow Zoning system products listed on the basis of the 
currently applicable test procedures.\10\ In granting MEUS's request 
for an interim waiver for the R410A CITY MULTI products, DOE 
concluded that the R410A ``systems will likely suffer the same 
testing problems that prompted the Department to grant MEUS the 
waiver for its R22 products.'' \11\
---------------------------------------------------------------------------

    \8\ 2004 CITY MULTI Waiver at 52662. See also 10 CFR 
431.201(a)(1) (2005).
    \9\ R410A Interim Waiver at 14860.
    \10\ 2004 CITY MULTI Waiver at 52662.
    \11\ R410A Interim Waiver at 14861. The R410A CITY MULTI 
products are substitutes for the R22 CITY MULTI products that use 
the R410A refrigerant instead of the R22 refrigerant.
---------------------------------------------------------------------------

    MEUS's WR2 and WY products represent the models of the CITY 
MULTI product line that are water-source heat pumps. The only 
difference between the WR2 and WY products, on the one hand, and the 
R410A products is the method of heat rejection. The WR2 and WY 
products have a heat source unit that uses water, instead of air, to 
reject heat. The indoor models, CITY MULTI Control Network, and 
system technology of the R410A products and the WR2 and WY models 
are identical. As a result, these products will face the same 
testing problems as those suffered by MEUS's R22 and R410A CITY 
MULTI products.

II. WR2/WY Model Design Characteristics

    MEUS's line of CITY MULTI VRFZ system products combines advanced 
technologies and are complete, commercial zoning systems that save 
energy through the effective use of variable refrigerant control and 
distribution, zoning diversity, and system intelligence. The WR2 and 
WY systems have the capability of connecting a single heat source 
unit to up to 19 indoor units. This capability gives these systems 
tremendous installation flexibility with millions of potential 
system combinations.\12\
---------------------------------------------------------------------------

    \12\ MEUS offers 58 indoor models in its WR2/WY CITY MULTI 
product line. The number of potential combinations of the 58 models 
in sets of up to 19 is an astronomical figure.
---------------------------------------------------------------------------

    The operating characteristics of a VRFZ system allow each indoor 
unit to have a different mode of operation (i.e., on/off/heat/cool/
dry/auto/fan) and a different set temperature allowing great 
flexibility of operation. In the WR2 and WY models, the variable 
speed compressor and the system controls direct refrigerant flow 
throughout the system to precisely match the performance of the 
system to the load of the conditioned areas. The compressor is 
capable of reducing its operating capacity to as little as 16% of 
its rated capacity. Zone diversity enables these VRFZ systems to 
have a total connected indoor unit capacity of up to 150% of the 
capacity of the heat source unit.
    The CITY MULTI VRFZ systems have variable frequency inverter 
driven scroll compressors, and, therefore, have nearly infinite 
steps of capacity. While other system compressors run at full load 
as their normal state, the CITY MULTI VRFZ systems run at part load 
as their normal state. The WR2 Series CITY MULTI products also offer 
consumers the option of simultaneous heating and cooling. These 
simultaneous heating and cooling systems achieve energy benefits by 
transferring heat recovered from one zone into another zone needing 
heat. Additionally, when the system switches between the heating and 
cooling modes, the direction of the cooling water flow remains the 
same; therefore, the compressor does not need to be shut down when 
switching modes.
    MEUS's CITY MULTI VRFZ systems were designed to take into 
account the customers' specific needs for flexibility, variable 
conditioning, and operating energy savings. Since these products 
were first introduced in U.S. markets, the CITY MULTI systems have 
become an important part of MEUS sales. These systems have been well 
received in Asia, Europe, Latin America, and the United States 
because of their highly effective energy saving features. Through 
the use of highly advanced technology, the WR2 and WY CITY MULTI 
VRFZ systems offer cost-effective functionality and significant 
energy savings. The unique design and intelligence provided by the 
sophisticated direct digital control system allow the systems to use 
less energy than conventional systems to condition a given area, 
thus costing the customer less to operate.
    Although these energy saving characteristics are not credited 
under current rules, they are precisely the types of technological 
innovations and applications that advance the Congressional intent 
of promoting energy savings. These CITY MULTI VRFZ systems represent 
a revolutionary advance in HVAC technology, well positioned to 
provide new and existing commercial buildings with effective use of 
energy and an operationally cost-effective source of heating and 
cooling. Additionally, with some of the innovative capabilities of 
the CITY MULTI Controls Network, the potential for energy management 
and energy savings are even greater. The CITY MULTI products' unique 
design characteristics are clearly consistent with U.S. government's 
efforts to encourage the availability of high performance products 
that consume less energy.

III. Test Procedures From Which Waiver Is Requested

    MEUS's petition requests waiver from the applicable test 
procedures for its WR2 and WY CITY MULTI products. DOE's regulations 
provide the test procedures for small and large commercial package 
air conditioning and heating equipment.\13\ Pursuant to 10 CFR 
431.96, the test procedures applicable to small commercial packaged 
air conditioning and heating water-source heat pumps, with 
capacities between 65,000 and 135,000 Btu/h, are those included in 
ISO Standard 13256-1 (1998).\14\ The capacities of MEUS's WR2 and WY 
CITY MULTI water-source products covered by this petition fall in 
that range. Therefore, MEUS requests waiver from ISO Standard

[[Page 17538]]

13256-1 (1998), as incorporated by reference in DOE's 
regulations.\15\
---------------------------------------------------------------------------

    \13\ 10 CFR 431.96 (see Tables 1 and 2).
    \14\ 10 CFR 431.96, Table 1.
    \15\ While DOE's regulations do not provide specific definitions 
for water-source heat pumps and water-cooled air conditioners, 
pursuant to the definitions provided in ARI Standard 340/360--2000, 
Standard for Commercial and Industrial Unitary Air-Conditioning and 
Heat Pump Equipment, and in ISO Standard 13256-1 (1998), Water-
source heat pumps--testing and rating for performance--Part I: 
Water-to-air and brine-to-air heat pumps, MEUS believes that ISO 
Standard 13256-1 (1998) contains the test procedures applicable to 
its WR2 and WY CITY MULTI water-source heat pump products. Note, 
however, that the rationale for granting the requested test 
procedure waiver is identical regardless of whether the applicable 
test procedure is ISO Standard 13256-1 or ARI Standard 340/360.
---------------------------------------------------------------------------

IV. Basic Models for Which Waiver Is Requested

    MEUS requests a waiver from the test procedures for the basic 
models consisting of combinations of the following products: \16\
---------------------------------------------------------------------------

    \16\ The * denotes engineering differences in the models.

    CITY MULTI Variable Refrigerant Flow Zoning System WR2-Series 
---------------------------------------------------------------------------
Heat Source Units:

<bullet> PQRY-P72TGMU-*, 72,000 Btu/h 208/230-3-60 split-system 
variable-speed heat pump
<bullet> PQRY-P96TGMU-*, 96,000 Btu/h 208/230-3-60 split-system 
variable-speed heat pump

    CITY MULTI Variable Refrigerant Flow Zoning System WY-Series 
Heat Source Units:

<bullet> PQHY-P72TGMU-*, 72,000 Btu/h 208/230-3-60 split-system 
variable-speed heat pump
<bullet> PQHY-P96TGMU-*, 96,000 Btu/h 208/230-3-60 split-system 
variable-speed heat pump

    CITY MULTI Variable Refrigerant Flow Zoning System Indoor 
Equipment:

<bullet> P*FY models, ranging from 6,000 to 96,000 Btu/h, 208/230-1-
60 split-system variable-capacity heat pump.
    <bullet> PCFY Series--Ceiling Suspended--PCFY-P12/18/24/30/
36***-*
    <bullet> PDFY Series--Ceiling Concealed Ducted--PDFY-P06/08/12/
15/18/24/30/36/48***-*
    <bullet> PEFY Series--Ceiling Concealed Ducted (Low Profile)--
PEFY-P06/08/12***-*
    <bullet> PEFY Series--Ceiling Concealed Ducted (Alternate High 
Static Option)--PEFY-P15/18/24/27/30/36/48/54/72/96***-*
    <bullet> PEFY-F Series--Ceiling Concealed Ducted (100% Outside 
Air Ventilation Option)--PEFY-P 30/54/72/96***-*-*
    <bullet> PFFY Series--Floor Standing (Concealed)--PFFY-P06/08/
12/15/18/24***-*
    <bullet> PFFY Series--Floor Standing (Exposed)--PFFY-P06/08/12/
15/18/24***-*
    <bullet> PKFY Series--Wall-Mounted--PKFY-P06/08/12/18/24/30***-*
    <bullet> PLFY Series--4-Way Airflow Ceiling Cassette--PLFY-P12/
18/24/30/36***-*
    <bullet> PMFY Series--1-Way Airflow Ceiling Cassette--PMFY-P06/
08/12/15***-*

V. Need for Waiver of Test Procedures

    The Department's regulations contain provisions allowing a 
person to seek a waiver from the test procedure requirements for 
commercial equipment. These provisions are set forth in 10 CFR 
431.401. The waiver provisions allow DOE to temporarily waive test 
procedures for a particular basic model when a petitioner shows that 
the basic model contains one or more design characteristics that 
prevent testing according to the prescribed test procedures, or when 
the prescribed test procedures may evaluate the basic model in a 
manner so unrepresentative of its true energy consumption as to 
provide materially inaccurate comparative data.\17\
---------------------------------------------------------------------------

    \17\ 10 CFR 431.401(a)(1).
---------------------------------------------------------------------------

    In the 2004 CITY MULTI Waiver, DOE found that MEUS's CITY MULTI 
products contained ``one or more design characteristics which * * * 
prevent testing of the basic model according to the prescribed test 
procedures.''\18\ DOE granted MEUS's request for an interim waiver 
for the R410A CITY MULTI products because the R410A systems ``will 
likely suffer the same testing problems'' as the R22 products.\19\ 
The WR2 and WY models of CITY MULTI products have the same 
operational characteristics as the R22 CITY MULTI products, which 
have already been granted a waiver, and the R410A CITY MULTI 
products, which have been granted an interim waiver, except that the 
WR2 and WY models are water-source heat pumps. Therefore, the same 
design characteristics that prevent testing of the basic R22 and 
R410A CITY MULTI models also prevent testing of the WR2 and WY CITY 
MULTI models. Thus, similar to the R22 and R410A models, the WR2 and 
WY systems can connect more indoor units than the test laboratories 
can physically test at one time. Additionally, it is not practical 
to test all of the potentially available combinations, of which 
there are more than one million. Therefore, the same design 
characteristics that prevent testing of the basic R22 and R410A CITY 
MULTI models also prevent testing of the WR2 and WY CITY MULTI 
models.
---------------------------------------------------------------------------

    \18\ 2004 CITY MULTI Waiver at 52662.
    \19\ R410A Interim Waiver at 14861.
---------------------------------------------------------------------------

    Specifically, in the 2004 CITY MULTI Waiver, DOE found that:
    The current test procedures can be used to test all current 
commercial systems in the laboratory, but many VFRZ systems cannot 
be tested in the laboratory. Each VFRZ outdoor unit can be connected 
with up to sixteen separate indoor units in a zoned system. Existing 
test laboratories cannot test more than five indoor units at a time, 
and even that number is difficult.
    A second difficulty is that MEUS offers 58 indoor unit models. 
Each of these indoor unit models is designed to be used with up to 
15 other indoor units, which need not be the same models, in 
combination with a single outdoor unit. For each of the CITY MULTI 
VRFZ outdoor coils, there are well over 1,000,000 combinations of 
indoor coils that can be matched up in a system configuration, and 
it is highly impractical to test so many combinations.
    There are therefore two major testing problems: (1) Test 
laboratories cannot test products with so many indoor units; and (2) 
there are too many possible combinations of indoor and outdoor 
units--only a small fraction of the combinations could be tested. 
These problems * * * support the * * * waiver criterion, that ``the 
basic model contains one or more design characteristics which * * * 
prevent testing of the basic model according to the prescribed test 
procedures. * * *''\20\
---------------------------------------------------------------------------

    \20\ ID. at 52661-61.
---------------------------------------------------------------------------

    In granting an interim waiver for MEUS's R410A models, DOE 
stated that the R410A products ``are quite similar to * * * MEUS's 
R22 CITY MULTI VRFZ products,''\21\ and that the R410A systems 
``will likely suffer the same testing problems that prompted the 
Department to grant MEUS the waiver for its R22 products.''\22\
---------------------------------------------------------------------------

    \21\ R410A Interim Waiver at 14860.
    \22\ R410A Interim Waiver at 14861.
---------------------------------------------------------------------------

    For the same reasons, the WR2 and WY models cannot be tested 
pursuant to the existing test procedures. Similar to the R22 and 
R410A models, the WR2 and WY systems can connect more indoor units 
than the test laboratories can physically test at one time. Each of 
the WR2 and WY indoor units is designed to be used with up to 18 
other indoor units with each heat source unit. These connected 
indoor units need not be the same models--there are 58 different 
indoor models that can be combined in a multitude of different 
combinations to address customer needs. The testing laboratories 
will not physically be able to test many of the WR2 and WY system 
combinations because of the inability to test products with so many 
indoor units.
    In addition, it is not practical to test all of the potentially 
available combinations. With the capability of potentially 
connecting a single heat source unit to up to 19 indoor units, the 
WR2 and WY units are designed to be combined in literally millions 
of different system configurations.\23\ The test procedures provide 
no mechanism for sampling component combinations. Thus, the test 
procedures do not contemplate, and cannot practicably be applied to, 
the CITY MULTI VRFZ systems consisting of multiple assemblies that 
are intended to be used in a very large number of different 
combinations.
---------------------------------------------------------------------------

    \23\ Even for systems with 4 or fewer indoor units, which can 
technically be tested in the laboratories, there are far too many 
possible combinations to make testing practicable because there are 
58 different indoor models that can be used in combination. For 
instance, selecting four indoor units from among 40 indoor model 
choices produces over one hundred thousand possible combinations.
---------------------------------------------------------------------------

    As shown above, the WR2 and WY products cannot be tested 
according to the prescribed test procedures. MEUS also believes that 
the requested waiver is supported on the grounds that the test 
procedures ``may evaluate the basic model in a manner so 
unrepresentative of its true energy consumption characteristics * * 
* as to provide materially inaccurate comparative data.''\24\ In 
particular, the benefits of variable refrigerant control and 
distribution, zoning

[[Page 17539]]

diversity, part load operation and simultaneous heating and cooling, 
as described in Section II above, are not credited under the current 
test procedures.
---------------------------------------------------------------------------

    \24\ 10 CFR 431.201(a)(1) (2005).
---------------------------------------------------------------------------

    In any case, it should be noted that these CITY MULTI products 
employ advanced technologies and their marketing will advance the 
Energy Policy and Conservation Act's (EPCA) goal of promoting energy 
efficiency. Testing procedures should not inhibit the commercial 
success of these products in the United States. Without a waiver of 
the test procedures, MEUS will be at a competitive disadvantage in 
the market. Consumers have come to expect the availability of the 
CITY MULTI products in the U.S. marketplace, and a significant 
number of engineers and contractors are currently requesting these 
new WR2 and WY units for their projects because of the great 
advantages they offer. Thus, MEUS respectfully requests that DOE 
grant a waiver from the applicable test procedures to the products 
listed in Section IV.\25\ MEUS plans to introduce these units into 
the U.S. market early in the first quarter of 2007, and, therefore, 
requests that DOE act on this request in a timely fashion.
---------------------------------------------------------------------------

    \25\ Pursuant to EPCA, MEUS will not make representations 
regarding the energy efficiency of the products covered by a waiver 
except as may be specifically authorized by DOE.
---------------------------------------------------------------------------

VI. Alternative Test Procedures

    Currently, there are no test procedures known to MEUS that can 
accurately evaluate these products. However, in response to MEUS's 
petition for waiver for the R410A products, DOE proposed an 
alternate test procedure to provide a conservative basis from which 
manufacturers covered by a test procedure waiver for VRFZ products 
can test and make valid energy efficiency representations, for 
compliance, marketing, or other purposes, regarding these 
products.\26\ MEUS requests that DOE apply a similar alternate test 
procedure for MEUS's WR2 and WY products in order to allow MEUS to 
test and make energy efficiency representations regarding these 
products.
---------------------------------------------------------------------------

    \26\ R410A Interim Waiver at 14861-3.
---------------------------------------------------------------------------

    Manufacturers face restrictions with respect to making 
representations about the energy consumption and energy consumption 
costs of products covered by EPCA.\27\ As DOE acknowledged in the 
R410A Interim Waiver, ``consistent representations are important for 
manufacturers to make claims about the energy efficiency of their 
products.''\28\ Manufacturers need the ability to make energy 
efficiency representations to determine compliance with state and 
local energy codes and regulatory requirements, and to provide 
consumers with valuable purchasing information. Therefore, MEUS 
respectfully requests that DOE apply the alternate test procedure 
described below.
---------------------------------------------------------------------------

    \27\ See 42 U.S.C. 6314(d); 42 U.S.C. 6293(c).
    \28\ R410A Interim Waiver at 14861.
---------------------------------------------------------------------------

    The proposed alternate test procedure will permit MEUS to 
designate a ``tested combination'' for each model of heat source 
unit with parameters on the indoor units that can be used in the 
tested combination. This tested combination must be tested according 
to the applicable DOE test procedures. Additionally, the alternate 
test procedure will permit MEUS to represent the energy efficiency 
for a non-tested combination in three ways. MEUS may represent the 
energy efficiency of a non-tested combination: (1) at an energy 
efficiency level determined under a DOE-approved alternate rating 
method; (2) at the efficiency level of the tested combination 
utilizing the same heat source unit; or (3) at the DOE prescribed 
minimum efficiency level for the product class, assuming the tested 
combination meets or exceeds this minimum level.
    Allowing MEUS to make energy efficiency representations for non-
tested combinations that are consistent with any of the three 
methods described above is reasonable because the heat source unit 
is the principal efficiency driver. The alternate test procedure 
tends to rate these products very conservatively because it does not 
credit significant energy saving characteristics of these products. 
The multi-zoning feature of these products, which enables them to 
cool only those portions of the building that require cooling, uses 
less energy than if the whole building must be cooled when cooling 
is required. Additionally, the test procedure requires full load 
testing, which disadvantages these products because they are 
optimized for best efficiency when operating with less than full 
loads. In fact, these products normally operate at part-load 
conditions. Finally, the test procedure does not recognize the 
benefits of products capable of simultaneous heating and cooling, 
which is more efficient than requiring all zones to be either heated 
or cooled. Therefore, since the proposed alternate test procedure 
does not credit the savings from zoning, part-load operation, or 
simultaneous heating and cooling, it will provide a conservative 
basis for assessing the energy efficiency for such products.
    MEUS requests that DOE apply the following proposed alternate 
test procedure, which is based on the one proposed in April 
2006,\29\ to MEUS's CITY MULTI WR2 and WY products:
---------------------------------------------------------------------------

    \29\ R410A Interim Waiver at 14861-3.
---------------------------------------------------------------------------

Alternate Test Procedure

    (A) MEUS shall be required to test the products listed above 
according to the test procedures provided for in 10 CFR 431.96, 
except that:
    (i) MEUS may test a ``tested combination'' selected in 
accordance with the provisions of subparagraph (B) of this 
paragraph. For every other system combination using the same heat 
source unit as the tested combination, MEUS shall make 
representations concerning the WR2 and WY CITY MULTI products 
covered in this waiver according to the provisions of subparagraph 
(C) below.
    (B) Tested combination. The term ``tested combination'' means a 
sample basic model comprised of units that are production units, or 
are representative of production units, of the basic model being 
tested. For the purposes of this waiver, the tested combination 
shall have the following features:
    (i) The basic model of a variable refrigerant flow system used 
as a tested combination shall consist of a heat source unit that is 
matched with between 2 and 5 indoor units.
    (ii) The indoor units shall--
    (a) Represent the highest sales volume type models;
    (b) Together, have a capacity between 95% and 105% of the 
capacity of the heat source unit;
    (c) Not, individually, have a capacity greater than 50% of the 
capacity of the heat source unit;
    (d) Have a fan speed that is consistent with the manufacturer's 
specifications; and
    (e) All have the same external static pressure.
    (C) Representations. MEUS may make representations about the 
energy efficiency of WR2 and WY CITY MULTI VRFZ products, for 
compliance, marketing, or other purposes, only to the extent that 
such representations are made consistent with the provisions 
outlined below:
    (i) For WR2 and WY CITY MULTI VRFZ combinations tested in 
accordance with this paragraph, MEUS may make representations based 
on these test results.
    (ii) For WR2 and WY CITY MULTI VRFZ combinations that are not 
tested, MEUS may make representations which are based on the testing 
results for the tested combination and which are consistent with any 
of the three following methods:
    (a) Representation of non-tested combinations according to an 
Alternative Rating Method (``ARM'') approved by DOE.
    (b) Representation of non-tested combinations at the same energy 
efficiency level as the tested combination with the same heat source 
unit.
    (c) Representation of non-tested combinations at the DOE 
prescribed minimum efficiency level for the product class if the 
tested combination using the same heat source unit meets or exceeds 
that level.

VII. Similar Products

    To the best of our knowledge, water-source VRFZ products are 
also offered in the United States by Daikin U.S. Corporation. This 
manufacturer, however, has incorporated a different technology to 
achieve variable refrigerant flow.

VIII. Application for Interim Waiver

    Pursuant to 10 CFR 431.401(a)(2), MEUS also submits an 
application for interim waiver of the applicable test procedures for 
the WR2 and WY CITY MULTI models listed above. DOE's regulations 
contain provisions allowing DOE to grant an interim waiver from the 
test procedure requirements to manufacturers that have petitioned 
the Department for a waiver of such prescribed test procedures.\30\ 
As DOE has previously stated, ``an Interim Waiver will be granted if 
it is determined that the applicant will experience economic 
hardship if the Application for Interim Waiver is denied, if it 
appears likely that the Petition for Waiver will be granted, and/or 
the Assistant Secretary determines that it would be desirable for 
public policy reasons to grant immediate relief pending a 
determination for

[[Page 17540]]

the Petition for Waiver.''\31\ MEUS will experience economic 
hardship if the application for interim waiver is denied. 
Additionally, precedent indicates that DOE will likely grant MEUS's 
petition for waiver. Finally, it is in the public interest to grant 
an interim waiver. Therefore, MEUS respectfully requests DOE to 
grant the application for interim waiver.
---------------------------------------------------------------------------

    \30\ 10 CFR 431.401(a)(2).
    \31\ Energy Conservation Program for Consumer Products: 
Publication of the Petition for Waiver and Granting of the 
Application for Interim Waiver of Samsung Air Conditioning From the 
DOE Residential and Commercial Package Air Conditioner and Heat Pump 
Test Procedures (Case No. CAC-009), 70 FR 9629, at 9630 (Feb. 28, 
2005) (Samsung Interim Waiver). See 10 CFR 431.201(e)(3) (2005). See 
also R410A Interim Waiver at 14860.
---------------------------------------------------------------------------

    MEUS plans to introduce the new WR2 and WY products into the 
U.S. market early in the first quarter of 2007. The procedure for 
granting a petition for waiver is a time-consuming process--DOE must 
publish the petition in the Federal Register, allow time for public 
comment, and then consider any comments before it makes a decision. 
Thus, the process typically takes a number of months. If an interim 
waiver is not granted, MEUS will suffer economic hardship because 
MEUS will be required to delay its introduction of these products to 
U.S. customers.
    In addition, DOE will likely grant MEUS's petition for waiver. 
As described above, the design characteristics which prevented 
testing of the basic model of the products listed in the 2004 CITY 
MULTI Waiver and the R410A Interim Waiver are present for the new 
WR2 and WY models as well. The best evidence that DOE is likely to 
grant this waiver petition is the fact that it granted a similar 
petition in the 2004 CITY MULTI Waiver, and granted an interim 
waiver for the R410A products on the basis that ``it appears likely 
that the [R410A] Petition for Waiver will be granted.''\32\ DOE also 
granted an interim waiver to Samsung Air Conditioning in 2005 
stating that Samsung's petition would likely be granted because 
Samsung's products are quite similar to the MEUS's CITY MULTI 
products, for which DOE already granted a waiver.\33\
---------------------------------------------------------------------------

    \32\ R410A Interim Waiver at 14860.
    \33\ Samsung Interim Waiver at 9630.
---------------------------------------------------------------------------

    Finally, DOE's regulations state that the Assistant Secretary 
may grant an interim waiver if he determines that it would be 
desirable for public policy reasons to grant immediate relief 
pending a determination for the Petition for Waiver. In response to 
MEUS's Application for Interim Waiver for its R410A products, DOE 
stated that ``in those instances where the likely success of the 
Petition for Waiver has been demonstrated, based upon DOE having 
granted a waiver for a similar product design, it is in the public 
interest to have similar products tested and rated for energy 
consumption on a comparable basis.''\34\ MEUS's WR2 and WY CITY 
MULTI products are similar to the R22 and R410A CITY MULTI products, 
as well as the products for which Samsung Air Conditioning and 
Fujitsu General Limited were granted interim waivers,\35\ and they 
will suffer the same testing obstacles as those products.
---------------------------------------------------------------------------

    \34\ R410A Interim Waiver at 14860. DOE made the same statement 
in the Samsung Interim Waiver, concluding that ``in those instances 
where the likely success of the Petition for Waiver has been 
demonstrated, based upon DOE having granted a waiver for a similar 
product design, it is in the public interest to have similar 
products tested and rated for energy consumption on a comparable 
basis.'' 70 FR at 9630.
    \35\ Samsung Interim Waiver; Energy Conservation Program for 
Consumer Products: Publication of the Petition for Waiver of Fujitsu 
General Limited From the DOE Residential Air Conditioner and Heat 
Pump Test Procedures (Case No. CAC-010), 70 FR 5980 (Feb. 4, 2005).
---------------------------------------------------------------------------

    Therefore, since it is in the public interest to have similar 
products tested and rated on a comparable basis, DOE should grant 
MEUS's Application for Interim Waiver.

IX. Conclusion

    MEUS seeks a waiver of the applicable test procedures for the 
products listed in Section IV above. Such a waiver is necessary 
because the basic WR2 and WY CITY MULTI models ``contain[] one or 
more design characteristics which * * * prevent testing of the basic 
model according to the prescribed test procedures.'' \36\ MEUS 
respectfully asks the Department of Energy to grant a waiver from 
existing test standards until such time as an appropriate test 
procedure is developed and adopted for this class of products. MEUS 
expects to continue working with ARI and DOE to develop appropriate 
test procedures.
---------------------------------------------------------------------------

    \36\ 10 CFR 431.201(a)(1) (2005).
---------------------------------------------------------------------------

    MEUS further requests DOE to grant its request for an interim 
waiver while its Petition for Waiver is pending.
    If you have any questions or would like to discuss this request, 
please contact Paul Doppel, at (678) 376-2923, or Douglas Smith at 
(202) 298-1902. We greatly appreciate your attention to this matter.

 Sincerely,

William Rau,

Senior Vice President and General Manager, HVAC Advanced Products 
Division, Mitsubishi Electric & Electronics USA, Inc., 4300 
Lawrenceville-Suwanee Road, Suwanee, GA 30024.

Mitsubishi Electric
Mitsubishi Electric & Electronics USA, Inc.
HVAC Advanced Products Division 3400 Lawrenceville-Suwanee Road, 
Suwanee, GA 30024

CERTIFICATE

    I hereby certify that I have this day served the foregoing 
Petition for Waiver and Application for Interim Waiver upon the 
following company known to Mitsubishi Electric & Electronics USA, 
Inc. to currently market systems in the United States which appear 
to be similar to the WR2 and WY CITY MULTI VRFZ system design. I 
have notified this manufacturer that the Assistant Secretary for 
Energy Efficiency and Renewable Energy will receive and consider 
timely written comments on the Application for Interim Waiver.

Daikin AC (Americas), Inc.,
1645 Wallace Drive, Suite 110, Carrollton, TX 75006, Attn: Mike 
Bregenzer, VP and GM.

    Dated this 30th day of October 2006.

William Rau,

Senior Vice President and General Manager, HVAC Advanced Products 
Division, Mitsubishi Electric & Electronics USA, Inc., 3400 
Lawrenceville-Suwanee Road, Suwanee, GA 30024.

 [FR Doc. E7-6628 Filed 4-6-07; 8:45 am]
BILLING CODE 6450-01-P


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